Brownstein Podcast Series

A pending loan maturity date can raise many issues, including hurdles with loan modification negotiations, the need for additional equity, and the potential for rescue or alternative capital as a loan exit strategy. Tune in for a discussion with industry and legal professionals on these topics and the current lending and refinancing market to learn how to best position yourself for a positive outcome.

The Consumer Financial Protection Bureau (CFPB) has released new rules, through the Small Business Regulatory Enforcement Fairness Act (SBREFA) (pronounced sa-brief-a) process, that would drastically change the landscape of credit reporting. The regulations would heavily restrict credit reporting agencies’ ability to use medical debt in determining credit scores of borrowers, as well as expand the definition of credit reporters which will likely have measurable effects on internet content providers. Shareholders Leah Dempsey and Sarah Auchterlonie are joined by Ph.D. economist Andrew Nigrinis to discuss the background of these guardrails, how they may affect different industries and what legal and political challenges these rules face.

‘Tis the season for office holiday parties! These events present a once-a-year opportunity to boost employee morale and reward workers for another great year, but they can also open employers to a number of litigation risks and liability headaches. Take a listen as employment shareholders Kayla Dreyer and Luke Glisan discuss the most important questions for employers—from serving alcohol and time of day to mandatory attendance and inclusivity concerns—and the best strategies to avoid the biggest risks when planning end-of-year festivities.

Colorado voters have a choice this November: trade relief from increasing property tax rates in exchange for smaller refunds for all taxpayers. If approved, Proposition HH would reduce assessed property valuations for the next 10 years and backfill lost revenues to local governments by allowing the state to retain more tax revenue from TABOR refunds. Before you vote your ballot, take a listen as Brownstein’s Caitlin Quander and Andi Stader go over the particulars of the ballot question, impacts on commercial real estate, how it implicates TABOR and how it would effect education funding and rent relief.

On Sept. 31, 2023, a collection of federal subsidies for childcare expired. The loss of this funding has sent state and local governments, along with operators and patrons of childcare businesses, scrambling for answers on how this will affect organizations focused on early childhood development. Today members of Brownstein and the Early Care & Education Consortium teams will discuss the status of programs affected by the subsidies cliff, how it may impact stakeholders and possible solutions for policymakers.

When Biden announced moves last year to reform cannabis, most thought it was just virtue signaling. Then, late last month, the Department of Health and Human Services surprised the entire industry with a recommendation to reclassify cannabis from Schedule 1 to Schedule 3 under the Controlled Substances Act. A few weeks later, the Congressional Research Service predicted the DEA would follow that recommendation “if past is prologue." And most recently, a perennially debated bipartisan bill that would open up banking options to the cannabis industry passed a key Senate committee for the first time. How long will the DEA process take? Will they follow HHS’s recommendation or go for a middle-of-the-road option? Will the SAFER Banking Act survive further votes in the full Senate and Republican-controlled House? How will this impact the nation’s $33 billion cannabis industry? Tune in as shareholder Joshua Weiss and policy advisor Osiris Morel discuss recent developments and predict where we go from here.

Our 2023 Health Care Business Panel looked at the top threats and opportunities in health care right now. The panelists covered the business outlook and dealmaking recalibration that is taking place in the health care industry, the regulatory power of the Biden administration and how they are looking to change health care, as well as antitrust issues, drug imports, telemedicine, generative AI and learnings from COVID-19. Moderator: Mike King, shareholder at Brownstein Hyatt Farber Schreck Panelists: Nadeam Elshami, policy director at Brownstein Hyatt Farber Schreck Alex Geier, managing director at GLC Advisors & Co. Deema Tarazi, senior policy advisor and counsel at Brownstein Hyatt Farber Schreck

Brownstein’s Tax team discusses how to read the topography of the tax landscape as we come out of Congress’s summer recess and approach the final months of 2023. Bipartisan support for renewing or extending various tax provisions has shown promise for new legislation, yet there is little movement on Capitol Hill since the midterms. Our team talks through which provisions have received the most attention, their path to adoption and the timeline to watch through the end of the year.

Tenants’ rights were certainly on the minds of Colorado lawmakers this legislative session. The state passed several bills that will significantly impact multifamily properties and how landlords can write their leases and interact with tenants. Tune in as Blair Lichtenfels and Zach Siegel go over the new legislation covering everything from newly banned provisions in rental agreements and changes to what landlords can consider when vetting tenants to how much landlords can charge for pets.

Now that the smoke has cleared from the debt ceiling negotiations, what defense spending may look like heading into the next year has come into a clearer view. The $886 billion agreed to by House GOP leaders and the Biden administration represents a 3.3% increase over last year but has already drawn criticism from Republicans and Democrats alike. Now with the National Defense Authorization Act on the horizon, we bring together our defense team to discuss how we got here and what to expect over the next few months in the defense space.

With Denver’s municipal runoff over, the city finally has a new mayor-elect with Mike Johnston winning by a healthy margin. While the results in the mayor’s race may not be surprising, results in the City Council runoff elections saw one incumbent progressive edged out in favor of a more moderate candidate—leaving open questions about the political future of Colorado’s capital city in the grips of housing turmoil. Tune in as Zach Siegel and Blair Lichtenfels break down the data, share their reactions and talk about what the results might mean for the future of Denver.

Taxpayers in Colorado got their property tax assessments on May 1, most with huge spikes in their new valuations. Take a listen as Zach Siegel talks with Justin Cohen about how the process works, the difference between residential and commercial property taxes and how taxpayers can appeal the skyrocketing values used to assess their property taxes.

Denver is considering changes to its Expanding Housing Affordability ordinances that would extend deadlines for developers. Adopted in June 2022, the ordinances require both for-rent and for-sale projects with 10 or more multifamily units to either include affordable housing options or pay a fee in lieu and require commercial projects pay linkage fees. Tune in to hear a discussion with Blair Lichtenfels, Zach Siegel and Andi Stader about the changes, how we got here and why this could be good news for developers.

Since the 1980s, California has faced a worsening housing crisis as development continues to lag behind national averages and demand. Facing a tangle of obstacles from intensive zoning and environmental laws to high land cost and NIMBY resistance, California has to double its housing production to keep pace with demand. Tune in as Shareholder Chris Guillen, Policy Advisor Steven Stenzler and Associate Mack Carlson talk about why the housing shortage is more than a social issue, how developers and housing coalitions are trying to get creative, the impact and interplay of local governments, and how the state legislature is responding.

Denver approved the International Building Code with some amendments in January 2023. For developers who relied on the city’s building code as it was written in 2019, this presents a dilemma. Which code applies to development projects in the middle of the approval process, and what changes are required to keep these projects moving? Tune in as shareholders Zach Siegel Blair Lichtenfels break down how the perpetual motion of development could complicate compliance with the new code, the details of the city’s transition policy and how developers can navigate the change and its impacts.

Colorado’s governor rolled out an ambitious bill aiming to tackle the state’s growing housing crisis by limiting municipalities’ oversight of residential development in the state’s most populated cities. In a home-rule state, is a statewide housing shortage enough to override legal deference to municipalities’ ability to govern land within their borders? Listen as shareholders Sarah Mercer and Carolynne White go over what’s in the bill, the legal tangles lawmakers have to contend with, and why most municipalities in the state are pushing back.

With Denver election results still trickling in, real estate shareholders Blair Lichtenfels and Zach Siegel recap where the tallies for mayor, city council and referred questions stand as of Thursday morning. Tune in as they detail what we know about the results, what we don’t and where we go from here.

The Denver City Council is asking Denver voters to remove 100-year-old language from the City Charter related to the Board of Adjustment in an effort to modernize zoning exceptions and variances. Real Estate Shareholders Blair Lichtenfels and Zach Siegel bring in land use attorney Caitlin Quander to discuss Referred Question 2M—how it works, what will happen if it passes and its potential impact on the city.

There’s a lot at stake in Denver’s municipal election on April 4. For the first time in 12 years Denver will have a new mayor and there will be a minimum of five new city council members. Real Estate Shareholders Blair Lichtenfels and Zach Siegel come together to get us up-to-date on the election, the inevitable runoff and the impact we’re seeing from the Fair Election Fund that was passed by Denver votes in 2018.

Founded in 1958, the Federal Aviation Administration, or FAA, is the nation’s largest transportation agency, overseeing all aspects of civil aviation. Due to the ever-changing needs of air travel, the association is required to reauthorize its authorities and spending on a regular basis. With current Congressional authorization ending on Sept. 30, a split government faces the daunting task of fitting their competing agendas into a new bill. Joined by three veterans of the FAA reauthorization process, our team will talk about the policy background for reauthorization negotiations, the policymakers involved in these discussions, the areas of compromise and disagreement, as well as the possible outcomes of a new bill.